Hart, Fuller, and Everything After: The Politics of Legal Theory

ISBN-13: 9781509965205 / Angielski / Twarda / 2023 / 320 str.

Canada) Hutchinson Allan C (York University

Spis treści

1. 1957 and All that: A Year of Living Jurisprudentially A Holmesian Challenge A Harvard Audience A Principled Chorus A Critical Turn Conclusion 2. Looking Back and Forward: The Ground Zero of Legal Theory Hart’s Provocation A Fuller Effort And the Beat Goes On A More Personal Appreciation Only the Odious Conclusion 3. A Philosophical State of Mind: The Local Limits of Analytical Truths An Analytical Agenda Failing Globally Working Locally Razzle-Dazzle Ours and Everyone Else’s Going Global Conclusion 4. Legality from a Positivist Outlook: Of Social Facts and Moral Fancies The Positivist Project The Facts of the Matter Beyond All Recognition Separation Anxiety Soft and Hard Responses Conclusion 5. From Validity to Legitimacy: Exploring Law’s Morality Morality, Values and Other Judgments A Procedural Hedge A More Substantive Turn Positivists as Moral Critics Taking a Pragmatic Stand Conclusion 6. Breaking Bad: From Validity to Legitimacy Beyond Validity Giving Orders On the Edges Keeping Up Appearances The Hall of Shame Conclusion 7. Keeping Active: Law as Practice Here’s the Thing A Social Activity A Common Dilemma Purely Working A Less Godly Practice Conclusion 8. Looking for Solid Ground: The Elusive Search for Interpretive Certitude Of Penumbras and Paintings A Fuller Tradition Mixing and Matching On the Dark Side? A Political Reckoning Conclusion 9. Keeping the Faith: Law, Obedience and Compliance Introducing the Bad Man Showing an Interest An Obliging Approach Slouching Towards Evil A Revolting Possibility Conclusion 10. Legal Theory on the Move: A Never-Ending Inquiry The Debate that Never Dies An Economic Turn The Dworkinian Gambit A Critical Slant Up, Down and Sideways Conclusion